Assumption of Risk, Release, Waiver of Liability, and Indemnification: We urge you and all clients to obtain a physical examination from a physician prior to initiating any exercise program. OTF classes are not designed for individuals with known heart disease with or without functional impairment. The information we provide to you does not constitute medical advice. The term “class” as used herein refers to any in studio, outdoor, online, or other fitness class or physical activity provided by us or any other OTF studio.
You acknowledge and agree that:
It is your responsibility to disclose any medical condition or medication that could limit or prevent you from performing physical activity or any medical symptoms or issues that arise during any class;
We may require you to provide written physician approval before you may use any of our equipment and/or participate in any class; and
You may discontinue participation in class at any time.
Further, you understand and agree that:
(a) there is a risk of injury associated with participation in any physical activity;
(b) there exists the possibility for certain negative conditions occurring during or following physical activity;
(c) prior to beginning any online class provided by us, you are solely responsible for creating and maintaining a safe and open area around you clear of any potential hazards; and
(d) your registration for classes is limited to your individual participation only.
By signing this agreement, you acknowledge and voluntarily accept these risks and responsibilities which include risk of injury to your person or property resulting from participation in any class or services provided by us or another OTF studio and agree to be responsible and liable for participation by another individual who may gain access to class through you including, without limitation, injury or damage to such individual's person or property.
You hereby waive all claims, assume all liability, and release, hold harmless, indemnify, and agree to defend us, OTF Franchisor, LLC (the “Franchisor”), the Franchisor Parties (defined herein), any other OTF studio, any owner of any other OTF studio you may visit, and any of our or their respective affiliates, successors, assigns, agents, representatives, and employees, from liability for any injury, claim, cause of action, suit, demand, and damages (including, without limitation, personal, bodily, or mental injury, property damage, economic loss, consequential damages, and punitive damages), arising from or related to:
Your failure to disclose any pre-existing conditions, limitations, or sensitivities;
Your presence on or near the premises of any OTF studio;
Your participation in any OTF class (whether in studio, outdoors, online or otherwise) or use of any equipment at any OTF studio; and/or
Any negligence on our part (including our employees) or on the part of any employee at any other OTF studio.
You further expressly agree that this Assumption of Risk, Release, Waiver of Liability, and Indemnification is intended to be as broad and inclusive as permitted by law and, if you are signing this Release in California, that you are aware of Section 1542 of the California Civil Code, and that you expressly agree to waive the protections, rights, and benefits you may have under Section 1542 relating to this Assumption of Risk, Release, Waiver of Liability, and Indemnification.
Section 1542 states:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You expressly agree that if any portion of this Assumption of Risk, Release, Waiver of Liability, and Indemnification is held invalid, the balance shall be valid and continue in full legal force and effect. These provisions are binding on you, your estate, family, heirs, administrators, personal representatives, and assigns.
In plain English: By signing this agreement, you acknowledge that exercise carries inherent risks, confirm you are responsible for participating safely and disclosing any medical conditions, and agree to release Orangetheory Fitness and its affiliated entities from liability for injuries or damages related to your participation, except where prohibited by law. This summary is for convenience only. The full legal agreement below governs your rights and obligations.